Emergency room staff are well prepared to deal with almost any emergency room problem that comes their way. They protect their patients while engaging in demanding work. 

Unfortunately, each year in the United States, 7.4 million ER patients are misdiagnosed, resulting in 2.6 million patients experiencing preventable harm, and 370,000 patients suffering permanent disability or wrongful death, according to a 2023 report by the Agency for Healthcare Research and Quality (AHRQ). Five conditions – stroke, myocardial infarction, aortic aneurysm/dissection, spinal cord compression/injury, and venous thromboembolism – account for nearly 40% of serious misdiagnosis-related harms in emergency rooms.  

Emergency room medical malpractice can occur in a number of ways, including the following:

• Delayed Treatment – A hospital’s emergency room can easily get overwhelmed and overcrowded, leading to a shortage of beds or a lack of available equipment and staff. Under these conditions, the medical staff must engage in triage to determine which patients should be treated first. However, if the ER’s medical professionals fail to diagnose life-threatening problems in a timely manner (ex. difficulty breathing), serious consequences could result.

• Ignored Policies – Hospital policies and procedures are developed to ensure that staff meet the current standard of care. However, to save time or avoid paperwork, medical professionals sometimes fail to fully comply with these policies and procedures. Ignoring hospital policies can result in situations like poor patient monitoring, medication errors, rushed lab results or the misinterpretation of test results. 

• Miscommunication – ERs are notoriously busy. Medical staff may be stressed, overworked, and exhausted, which can lead to verbal or written communication errors. They may not understand what a patient is saying, especially when language barriers are a factor. They may fail to properly record the medical history. Sometimes during a change in shift, there may be hand-off errors regarding diagnostic tests or medication. 

• Improper Discharge – Issues involved in improper discharge situations include being discharged too early, and/or being discharged without a follow-up plan. 

Statute of Limitations and Damages

To prove that you have been injured due to medical malpractice in the emergency room, you must show:

• The medical professional owed you a duty of care.
• The duty of care was breached.
• The breach was the proximate cause of your injury or injuries.
• Your injury or injuries are compensable.

Florida has a medical malpractice statute of limitations of two years. In most cases, the two-year clock starts from the date of your injury. So, you must act quickly, because the two-year statute of limitations includes the information-gathering process (ex. obtaining medical records) and that can be very time-consuming. 

If you prevail in your claim, you may be entitled to the following damages:

• Economic damages – These include medical costs and expenses, lost wages, and other out-of-pocket costs. 
• Non-economic damages – These are less defined damages, and include damages for pain, suffering, and emotional distress. 
• Punitive damages – Your attorney may seek punitive damages in particularly egregious situations.

Contact Haliczer, Pettis & Schwamm

If you believe you or a loved one has suffered from negligence in an emergency room, contact us for a free consultation. An experienced Orlando emergency room negligence attorney can help guide you through this process.